A-Team Response Restoration Corp., etc. v. Citizens Property Insurance Corporation
The Third DCA held it has appellate jurisdiction even though the appellant's notice of appeal designated only the order denying rehearing rather than the underlying final summary judgment, applying the established rule that such a procedural defect is non-jurisdictional when the appellant's intent is reasonably discernible and the appellee suffers no prejudice. The court confirmed that a timely motion for rehearing tolls rendition of the final order under Fla. R. App. P. 9.020(h)(1)(B).
Key facts
- A-Team filed a breach of contract action against Citizens in December 2023, alleging Citizens breached an assignment of benefits (AOB) contract for property restoration services.
- On February 1, 2025, the trial court granted Citizens' motion for final summary judgment, finding the AOB contract did not comply with section 627.7152(2)(a)(5), Florida Statutes (2022), was invalid and unenforceable, and that A-Team lacked standing.
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Holdings
- Designating only the order denying rehearing in a notice of appeal, rather than the underlying final order, is a non-jurisdictional procedural defect that does not require dismissal when…
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